Deeplinks Blog posts about Fair Use and Intellectual Property: Defending the Balance

This is the third in a series of posts about the proposed Google Book Search settlement.

Now that we've described the proposed settlement agreement's biggest potential upside for the public—expanded online access to books, particularly out-of-print books—that benefit must be weighed against the potential down-sides. On that score, the settlement's potential impact on competition in the online book market has loomed large. Critics of the settlement have emphasized two principal dangers:

The potential for a Google monopoly over orphan and unclaimed books.

The potential for monopolistic pricing of the Institutional Subscription Database, particularly for higher education.

The revised Settlement 2.0 made little or no effort to address these concerns, leaving it to Congress or antitrust authorities to fix later.

The ACTA juggernaut continues to roll ahead, despite public indignation about an agreement supposedly about counterfeiting that has turned into a regime for global Internet regulation. The Office of the United States Trade Representative (USTR) has already announced that the next round of Anti-Counterfeiting Trade Agreement (ACTA) negotiations will take place in January — with the aim of concluding the deal "as soon as possible in 2010."

This is the second in a series of posts about the proposed Google Book Search settlement.

The Potential Upside: Enhanced Public Access

From the public's point of view, unprecedented public access to books is the chief benefit promised by the revised proposed settlement (aka Settlement 2.0) of the Google Book Search litigation. That's the "upside" against which all the possible "down-sides" will be measured. And when it comes to enhancing public access, the proposed settlement holds great promise. Whether that promise will actually come to pass, however, is harder to predict.

Here's what we know about Google's book scanning efforts so far [revised in light of updated numbers sent by Google Nov. 19]:

This is the first in a series of posts evaluating the proposed Google Book Search settlement.

When it announced its Book Search project in 2004, Google set for itself an inspiring and noble goal. In the words of Google CEO Eric Schmidt, "Imagine yourself at your computer and, in less than a second, searching the full text of every book ever written." What started as a dream of universal book search, however, has become something much broader: a class action lawsuit and proposed settlement that hopes to let Americans read, as well as search, millions of books online.

We spend a lot of our time at EFF trying to spot new proposals in copyright across the world, and understanding whether they're good or bad for civil liberties. We're not the only ones: our understanding depends on the work of hundreds of researchers worldwide who are constantly sifting through new drafts and consolidating older reforms in hundreds of nations.